09-80 ORDINANCE NO. 9-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23 "STREETS
AND SIDEWALKS" AND AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY REPEALING ARTICLE III OF CHAPTER 23 AND
REPEALING SECTION 29-17(I), ENACTING A NEW ARTICLE
III CHAPTER 23 AND A NEW SECTION 29-17(I), PROVID-
ING REGULATIONS REGARDING THE INSTALLATION AND MAIN-
TENANCE OF WALLS, FENCES, HEDGES AND SIMILAR STRUC-
TURES, ON OR AD3ACENT TO PUBLIC RIGHTS OF WAY~ PRO-
VIDING FOR REHOVAL OF SUCH STRUCTURES AS A NUISANCE
UNDER CERTAIN CDNDITIONS, REQUIRING A PERMIT FOR
ANY WORK TO BE PERFORMED IN PUBLIC RIGHTS OF WAY
DR ON CITY OWNED PROPERTY; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH~ FLORIDA~ AS FOLLOWS:
Section l. That Chapter 23 "Streets and Sidewalks" of
the City of Delray Beach Code of Ordinances is hereby amended by
repealing existing Article III Chapter 23 and enacting a new Arti-
cle III Chapter 23 to read as follows:
Sec. 23-16. Walls~ fences~ hedq~..s or similar structures.
(a) In all residential zoning districts walls, fences,
hedges or similar structures shall:
(1) Not be installed or maintained on,over, or adjacent
to public rights of way~ at elevations which the
city engineer determines will obstruct visibility
or interfere with the proper flow of vehicular
traffic, or interfere with the providing of public
services.
(2) Not in any event exceed six (6) feet in height
above the established lot grade, when erected in
the front~ side, or rear setbacks.
(3) Not contain any substance such as but not limited
to barbs, broken glass, nails, or spikes. No elec-
trically charged fence shall be erected in these
zoning districts.
(b) In all SAD, commercial and industrial zoning dis-
tricts walls, fences, hedges and similar structures
shall:
(1) Not be installed or maintained on, over, or adjacent
to public right of way at elevations which the City
engineer determines will obstruct visibility or
interfere with the proper Flow of vehicular traffic
or interfere with the providing of public services.
(2) Not contain any substance such as but not
limited to broken glass, nails, or spikes, except
two (2) Feet of barb wire may be placed atop any
six (6) foot or higher fence. No electrically charged
fence shall be erected in these zoning districts.
(5) Ail areas devoted to the storage of equipment
or supplies shall be adequately screened with land-
scaping pursuant to the criteria stated in Chapter
15c. Storage areas shall further be enclosed by
a mall or Fence at least six (6) feet in height.
(c) The term "public right of way" for the purposes
of this Section 23-16 (except subparagraph (d)) shall
include all areas open to the public for vehicular
traffic even if such areas are neither owned by the
City or dedicated to the public use.
(d) In addition to the authority of the City Engineer
to require removal or modification of walls, fences,
hedges or similar structures upon certain conditions
set forth in subparagraph (a)(1) and (b)(1), the City
Council reserves the sole and absolute authority to
require the removal or modification of such structures
placed in public right of ways that are either owned
by the City of Delray 8each or dedicated to the public
use in a plat or other recorded document.
(e) If any walls, fences, hedges or similar struc-
tures are installed or maintained in violation of this
section, it shall be subject to abatement as a nuis-
ance in accordance with Article I of Chapter 15 of
this Code, except in the event of an emergency when
summary abatement without notice shall be permitted.
Section 25-17. Permit Required for Work in the Public
~ight of Way or on City Owned Pro.p~y~y.
(a) A work permit shall be required for construction,
excavation, or repair work in public right of ways in-
cluding bicycle paths, and'sidewalks, and for such work
on property owned by the City, or dedicated to the City.
(b) Work permits shall be required for work which in-
cludes but is not limited to: water and sewer systems,
street paving, bridges, sidewalks, driveways, swales,
curbs, median paving, over-head and under-ground struct-
ures and cable systems, any under-ground installation;
route for moving houses, buildings or heavy equipment
and use of City owned property or public right of ways
for purposes other than for which they were intended;
except for subdivision improvements which are being done
pursuant to an approved plat.
(c) The permit Fee shall be $15.00, payable at the time
of filing the application.
(d) If the City Engineer determines that there is a
likelihood of damage, he may require the applicant to
post a bond or other equivalent security in an amount
which shall be set by the City Engineer and in a form
with surety and conditions approved by the City Attorney's
office.
(e) The permit shall be in the form set forth below
and if the applicant fails to comply with the conditions
stated therein or other provisions of this ordinance,
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the permit shall be subject to revocation and the appli-
cant subject to other remedies provided in this Code.
APPLICATION FOR WORK PERMIT
City of Delray Beach, Florida
ENGINEERING DEPARTMENT
FOR WORK WITHIN ANY PUBLIC RIGHT-OF-WAY OR CITY OWNED PROPERTY
Application by:. Application No.
Address Phone No. Date
Description of Work:
ENGINEERING DEPT. PLAN FILE No.: ATLAS
SH. No.:
A permit from the City is required before work of any
nature may be performed on publ&c rights of way including bicycle
paths and sidewalks, or on city owned property, or property dedi-
cated to the city. A permit must also be obtained before any under-
ground work is performed within a public easement.
Following is a list of examples of work for which a per-
mit must be obtained:
A. Paving, surfacing, installation of curbing, placing
of signs or markings for control of traffic and park-
ing, changes of grade or alignment, alteration of
paving width;
B. Construction of new sidewalks, alterations to exist-
ing walks, grading of parkmays;
C. Placing of wires, cables, conduits, pipe lines, either
above or belom surface. Ail excavation whatever
its purpose. Construction of overhead and under-
ground structures.
D. The Route to be followed in moving houses, buildings,
or heavy equipment units over public rights of may.
E. Use of City Parks for purposes other than those for
which they were intended.
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:!
F. All open cuts or trenches shall be backfilled imme-
diately in the city right of may aL the end of each
day's work.
This application, when signed by the City Engineer or
Agent, constitutes a permit to perform the work described.
The Department of Engineering must be notified of com-
mencement of ~ork~ allowing sufficient Lime for establishing field
control points.
Any control stakes set by the City shall be protected
and preserved until the completion of the work.
Two sets of plans for the proposed work shall be fur-
nished by the Applicant in case plans are deemed necessary by the
City.
· The Applicant agrees to assume full responsibility for
any injury to persons, and for any damage to property and/or exist-
ing facilities that may arise as a result of the work for which
a permit is obtained.
The Applicant agrees to immediately restore all property
which is disturbed or damaged in connection with the work for which
the permit was issued. If the Applicant fails to restore or re-
place such property, the City may proceed to do so and all costs
thereof including a reasonable attorney's fee and court costs shall
be borne by the Applicant.
THE CONDITIONS OUTLINED ARE ACCEPTED BY THE APPLICANT AND CONTRACTOR
This permit is not transferable and is VOID after 60
days From date of approval unless work has been started. The Ap-
plicant agrees, upon commencement of any work, to satisflactorily
complete all the work authorized by this permit within a period
of calendar days.
Work under the permit shall be discontinued on Saturdays,
Sundays, or legal holidays except in cases where the work must
proceed in order to protect the public health, safety or welfare,
permission for which must be first obtained from the City Manager.
Contractor's Signature Date
Applicant's or Agent's Signature Date
Certified Contractor's License No.
(State~ County or City)
Approved
Engineering Department Date
Fees Paid: $
Received by:
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Section 2. That Section 29-17(I), "Walls and Fences",
of the Code of Ordinances of the City of Delray Beach is hereby
repealed and that anem Section 29-17(1) is hereby enacted to read
as Follows:
(I) t~alls, fences, hedges and similar structures
(a) See Article III Chapter 23 of the City Code
of Ordinances, mhich is incorporated herein
by reference and made a part hereof.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or mord
be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder here-
of as a mhole or part thereof other than the part declared to be
invalid.
Section 4. That this ordinance shall become effective
ten days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 25th day of February , 1980.
M A Y 0 R ~
LEON M. WEEKES
ATTEST:
~City Clerk
First Reading February 11, 1980
Second Reading February 25, 1980
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